Your essential bankruptcy law reference handbook of ordinances
About the book
This new edition presents the consolidated text of the Ordinance in a convenient and up-to-date form with section-by-section annotations. Annotations include references to cases assisting in the interpretation of each section, relevant rules of court, definitions of words and phrases, discussion on practical aspects of application and contentious issues. Hong Kong and UK cases, related legislation and other authoritative materials are identified and discussed in detail. All annotations are fully cross referenced with comprehensive tables of cases and legislation. This updated AOHK additionally reproduces all subsidiary legislation to the Ordinance currently in force.
What’s key in this title
This new edition covers a number of useful case updates. These include: Re Cao Zhong [2021] HKCFI 3143, Re Dai Guoliang [2019] 2 HKLRD 332, and Re Li Shu Chung [2019] HKCFI 2500 (three cases analysing the jurisdiction requirements in s 4); Re Chung Sun Kwan v Official Receiver [2021] 2 HKLRD 292 (whether a trustee owes a common law duty of care to the bankrupt); Re So Tsz Man [2022] 1 HKLRD 116 (the practice of debtors self-petitioning for bankruptcy as a bargaining tool with creditors); Law v Chang [2021] HKCFI 789 and BKR v BBM [2021] 6 HKC 482 (whether a bankruptcy petition can be based on a non-provable debt); Re Guy Kwok-Hung Lam [2021] HKCFI 2135 (whether an exclusive jurisdiction clause in favour of a foreign court precludes a bankruptcy petition in Hong Kong); Re Li Xiaoming [2020] HKCFI 361 (requirements for serving a statutory demand where personal service is impracticable); Yu Chun Kit v Wong Wing Yau [2021] 3 HKLRD 938 (whether a bankrupt has standing to defend a personal injury action); Re Lee Ming Cheung, ex p Mok Ka Po [2020] 2 HKLRD 76 (whether a claim to recover trust property can be debt for a “liquidated sum” capable of founding a petition); Re Chiu Chi Hong [2021] 2 HKC 50 and Re Sng Allan [2022] 1 HKC 601 (requirement for secured creditors to estimate the value of their security in a statutory demand or petition); Re Chan John Loong Fai [2022] 1 HKLRD 63 (court’s power to refuse appointment of a trustee because of lack of fitness); Re Han Catherine [2020] 2 HKLRD 767 (bankrupt’s solicitor ordered under s 29 to disclose the bankrupt’s contact details).
